Ianni v McMullen
Tenant wins · Oshawa · 2021-09-22
- Adjudicator
- Vladimir Nikitin
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- A.I.
- Tenant
- E.O.L.H.S., J.M.
- Landlord rep
- David Rubin
- Tenant rep
- Shabbir Shaikh
What happened
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
The ruling
The Landlord's application is dismissed because the Landlord failed to comply with the strict requirements of section 55.1 of the Residential Tenancies Act, 2006 to compensate the Tenant by the termination date. The Tenant must return the $1,250 compensation paid by the Landlord.